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“swimming Against The Tide”.pdf

mr-justice-leggatt-lecture-contractual-duties-of-faith.pdf
Preview of “swimming against the tide”
🔗 Source: judiciary.uk
📊 Size: 105 KB
👤 Author: leggatt
⬇️ Downloads: 87

Summary

Mr Justice Leggatt discusses the concept of "contractual duties of good faith" in English law, referencing his previous judgment in the Yam Seng case. He explores the distinction between civil law and common law approaches to good faith, noting that English law is more aligned with the common law approach, which emphasizes honesty and reasonable commercial standards of fair dealing. He breaks down the concept of good faith into two elements: adherence to reasonable commercial standards and faithfulness to the agreed common purpose of the contract. Leggatt cites US and Australian case law to illustrate the application of good faith in contract law, highlighting the importance of this concept in supporting the intentions of contracting parties and giving effect to their bargain.

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Description

Mr Justice Leggatt discusses the concept of "contractual duties of good faith" in English law, referencing his previous judgment in the Yam Seng case.

Technical Information

  • File Format: PDF
  • File Size: 105 KB
  • Pages: 18
  • Language: EN
  • Author: leggatt
  • Total Downloads: 87
  • Last Updated: 1 week ago

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